NPN benefitsBlog

Little Known Work Incentive Improved (?)

The Social Security Administration(SSA) issued rule changes to the work incentive Section 301 last week. Section 301 permits the continuation of SSI and SSDI benefits when people who are disabled medically recover while participating in a State vocational rehabilitation program that will likely lead to self-support. Section 301 continuation will now includes other vocational programs other program of services approved by the SSA through the failing Ticket to Work program that “expand the universe of service providers available to beneficiaries with disabilities who are seeking employment services, vocational rehabilitation services, or other support services to assist them in obtaining, regaining, and maintaining self-supporting employment.”

One significant change that could have a major impact extends eligibility to include students who are disabled who are participating in a IEP( Individualized Education Plan) in public or private schools that is developed under IDEA(Individuals with Disabilities Education Act). The program must include the development of “transition plan“ that provides or coordinates a program of vocational rehabilitation services, employment services, or other support services carried out under an individualized program “transition plan”.

This work incentive has a never had more than a minor impact on people who are disabled efforts to return to work. Participation has never been that noticeable. The new rules point to numerous evaluative situations required by local offices that in my experience are the major hurdles that local denial-oriented SSA claims representatives can rarely overcome. The Ticket to Work is not really expanding programs available to people with disabilities and the primary obstacle disabled students have is the lack of any substantial transition plans development for vocational opportunities. It kind of cancels everything out.

The Federal Register announcement (June 24, 2005 (Volume 70, Number 121) does has some very useful historical materials in the background information as it describes several major legislation, studies, initiatives that have promoted return to work for people with disabilities.

Work Incentives Software Advisory (WISA) Group Final Report

The Work Incentives Software Advisory (WISA) Group final report is available online at the Disability Research Institute website.

The WISA Group was formed by the Disability Research Institute (DRI) at the University of Illinois at Urbana-Champaign to advise the Social Security Administration (SSA) regarding future benefits analysis software development efforts. Benefits analysis software can help beneficiaries make informed choices about the impact of work on benefits across multiple federal and state programs. The availability of accurate, comprehensive, easily accessible information of this type would contribute importantly to the success of various employment initiatives for individuals with disabilities such as the New Freedom Initiative and the Ticket to Work and Self-Sufficiency program. The WISA Group was convened to provide SSA with recommendations regarding the development of benefits analysis software after careful consideration of the following broad issues: 1) what information should be included in a benefits analysis software tool; 2) who should be able to use it; 3) what “ease of use” features are needed in order to maximize flexibility and customization of software that is developed; and 4) what other issues should be considered in SSA’s future benefits analysis software development activities.

SSA Updates Rules for Unsuccessful Work Attempts

To establish (SSDI and SSI ) and maintain eligibility(SSDI) for Social Security disability benefits, an individual must meet or continue to meet Social Security’s statutory definition of disability. This statutory definition, used since Congress passed he Social Security disability programs in the 1950’s, says that an individual must have a documented physical or mental impairment that is so severe it prevents and individual from doing substantial work.

What is SGA?

To attempt to measure objectively whether or not an individual’s impairment keeps them from doing substantial work, the Social Security Administration(SSA)uses a imprecise evaluative concept called substantial and gainful activity (SGA). SGA earnings of under $830 in countable income(less IRWEs and / or Subsidy supports )f or an individual with a severe impairment usually indicates disability status for eligibility for both the Social Security disability benefit programs. The SGA amount is adjusted each year with the federal cost-of -living -adjustments.

What is an Unsuccessful Work Attempt (UWA)?

An Unsuccessful Work Attempt (UWA) is a work effort that is involuntarily discontinued or reduced below the SGA $830 (1,380 if blind) after a short period of time (6 months or less) because of an individual's functional limitations caused by their disabling impairment or removal of special IRWE or subsidy supports ( e.g. job coaching, special transportation). Earnings from a documented UWA do not count as substantial work (SGA) when determining initial or continued eligibility for SSDI.

The older SSA regulations on unsuccessful work attempts have been updated by SSA Ruling SSR 05-02. The new rules can be found in the Federal Register: February 28, 2005 (Volume 70, Number 38)